III. Information-Sharing and International Judicial Cooperation
Use INTERPOL notices, diffusions, and other information-sharing systems, to gather information about terrorist recruiters and facilitators to support criminal investigations and prosecutions.
Specific case examples:
A Red Notice (seeking location and arrest of wanted persons with a view to extradition) distributed for a terrorist recruiter, charged with material support for a terrorist network.
A Blue Notice (to collect additional information about a person’s identity, location, or activities in relation to a crime) for a suspected terrorist travel facilitator believed to have smuggled people to join ISIL/Da’esh, with a warrant out for his arrest.
A Green Notice (to provide warnings and intelligence about persons who have committed criminal offences and are likely to repeat these crimes in other States) for a person convicted in a Member State for participating in military action in a conflict area, who after his return was involved in recruiting new followers and funding travels.
A Yellow Notice (to help locate missing persons, often minors, or to help identify persons who are unable to identify themselves) for two British teenagers who left for Syria to marry fighters, one likely executed by ISIL/Da’esh.
A Purple Notice (to seek or provide information on modus operandi, objects, devices, and concealment methods used by criminals) seeking information on modus operandi for illegal migration and terrorist travel routes between the EU and Turkey.
An Orange Notice (to warn of an event, a person, an object, or a process representing a serious and imminent threat to public safety) issued to all Member States on stolen Syrian blank passports.
Stolen and Lost Travel Documents (SLTD) database, available for all member states to link to border posts for screening of traveler documents, for example to detect terrorist operatives traveling under false documents.
Use international judicial cooperation procedures, such as mutual legal assistance and extradition, to support criminal investigations and prosecutions against terrorist recruiters and facilitators.
- Prior to making a formal request for mutual legal assistance for internet communications information, send a preservation request to the internet service provider.
- When submitting formal requests for mutual legal assistance, cooperate closely with national central authorities to ensure that the request contains the factual predicate necessary to ensure they are legally sufficient to obtain the relevant category of data, whether subscriber data, transactional data, or content.
- In some States, like the United States, internet service providers may provide some categories of data voluntarily to foreign law enforcement officials, where doing so is consistent with national law relating to the protection of privacy, even in the absence of a formal request for mutual legal assistance, but they are not required to do so. Some law enforcement authorities have established relationships with the major providers to facilitate this.
- European Union: Eurojust – the European Union's Judicial Cooperation Unit – supports judicial cooperation by stimulating and improving the coordination of investigations and prosecutions, including against terrorist recruiters and facilitators, in EU Member States and also beyond EU borders. Eurojust supports judicial cooperation through operational tools such as coordination meetings that can also involve third countries. Eurojust has a network of 42 contact points in the world to facilitate international cooperation.
- France and Spain: The transfer of custody from Spain to France of a terrorist facilitator is discussed in the description below of a case study presented at the workshop.
- France and Turkey: The transfer of custody from Turkey to France of a terrorist recruiter is discussed in the description below of a case study presented at the workshop.
Conduct joint investigations and interdiction of terrorist recruitment and facilitation networks crossing national boundaries.
Ongoing initiatives include:
Morocco and Spain
These two States have worked together to dismantle terrorist recruitment networks, including, for example, the August 2015 arrest of fourteen people on suspicion of belonging to a network that recruited and sent fighters to join ISIL/Da’esh. One suspect was detained in Spain while the other thirteen were arrested in cities across Morocco.